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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
On the day of trial the state attorney reduced the charge to reckless driving.
Omar was new to this country and already struggling financially. He was worried a DUI would bury him in costs and that having one on his record would hurt him going forward.
Omar M. was driving in Sunrise, Florida when an officer observed him speeding and weaving on the road. The officer pulled him over and began a DUI investigation. Omar had recently arrived from Puerto Rico and barely spoke any English. Another Spanish-speaking officer was called to translate. The officers administered the field sobriety tests on the road side, which Omar failed. He was then arrested and taken to the breath/alcohol center, which was under construction at the time. Omar again had to do the field tests upon arrival at the facility, but they weren’t recorded due to construction and weather conditions. Omar was also not given the breath test until two hours after his arrest. During trial the prosecution forgot to list the police officer who had translated the field sobriety test instructions to Omar in Spanish during discovery.
We went on the attack immediately. We took depositions of all the officers involved and exposed major inconsistencies between the officer from Sunrise and the breath tech from BSO. We conducted scientific research to prove that even though Omar was over the legal limit at the time he gave the breath test, he was likely under the legal limit two hours earlier, at the time he was driving.
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Rossen Law Firm
